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Research Handbook on Asian Financial Law

Edited by: Douglas W. Arner, Wai Y. Wan, Andrew Godwin, Wei Shen, Evan Gibson

ISBN13: 9781803928432
Published: June 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £48.95
Hardback edition , ISBN13 9781849804554



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This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. Considering how reforms following the crises have been critical for the development and growth of the region, this insightful book explores a broad range of post-crisis financial regulatory issues. It also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region’s potential.

By focusing on the legal frameworks and regulatory models at a national level, this innovative Research Handbook addresses opportunities and challenges for financial markets and convergence in the region. Key topics include the different legal and regulatory approaches to common issues, such as banking regulation and resolution, FinTech, insolvency frameworks and ASEAN financial market integration. Specific regulatory approaches are discussed in relation to areas such as Renminbi internationalization, Islamic banking and finance, shadow banking, crowdfunding, venture capital, derivatives, bond and securities markets. The book concludes with an analysis of the impact of FinTech on regulatory convergence in Asia.

The Research Handbook on Asian Financial Law will be of great value to law students, academics and policymakers working across a diverse range of fields including financial regulation, Asian studies, banking resolution and insolvency.

Subjects:
Other Jurisdictions , Banking and Finance, Asia
Contents:
PART I: INTRODUCTION AND CONCEPTUAL FRAMEWORK
1. Introduction to Research Handbook on Asian Financial Law
Douglas W. Arner, Wai Yee Wan, Andrew Godwin, Wei Shen, and Evan Gibson
2. The historical development of financial regulatory principles: influences on Asia-Pacific systemic supervision
Evan Gibson and Douglas W. Arner
3. Trends and theory in financial regulation and regulatory design after the global financial crisis
Steve Kourabas
PART II: FINANCIAL REGULATION IN ASIA
4. Financial regulatory models in the Asia-Pacific – a case study in diversity
Andrew Godwin
5. Bank resolution
Christian Hofmann
6. Networked securities markets: from cross-listing to direct connection
David C. Donald
7. Regulation of derivatives in Asia: when technology meets financial engineering
Christopher Chen
8. Internationalization of renminbi: offshore renminbi businesses, offshore renminbi centres and renminbi’s reserve currency status
Wei Shen
PART III: FINANCIAL INTEGRATION IN ASIA
9. Understanding ASEAN integration and trade
Deborah Elms and Minh Hue Nguyen
10. Cross-border regulation of securities markets in ASEAN
Wai Yee Wan
11. ASEAN bond markets: developments and challenges
Tir Srinopnikom
12. Consumer financial dispute resolution in a time of increased regulatory scrutiny
Vivien Chen, Andrew Godwin and Ian Ramsay
13. Depositor preference and deposit insurance schemes – challenges for regulatory convergence and regulatory coordination in Asia
Angus Chan, Andrew Godwin and Ian Ramsay
14. Cross-border insolvency in East Asia: cooperation and convergence
Casey G. Watters
PART IV: COUNTRY STUDIES
15. Anti-‘grey rhino’: prudential regulation and bank resolution in China
Simin Gao
16. China’s puzzling banking and shadow banking sectors after the global financial crisis
Wei Shen
17. Macau banking law and financial institutions
Leong Cheng Hang
18. Indonesian financial laws: banking, insolvency and taxation
Tim Lindsey and Simon Butt
19. The development of Islamic banking and finance: the Malaysian experience
Nik Norzrul Thani and Ili Rahilah Ibrahim
20. Financial regulation in New Zealand: optimizing twin peaks
Helen Dervan and Simon Jensen
21. Financial consumer protection in Singapore
Dora Neo
PART V: FINTECH AND INNOVATIVE FINANCE
22. FinTech and its regulation in Hong Kong
Douglas W. Arner, Evan Gibson, and Janos Barberis
23. Recent developments of Japanese laws and regulations on FinTech
Tetsuo Morishita
24. Lessons from Mt Gox: practical considerations for a virtual currency insolvency
Stacey Steele and Tetsuo Morishita
25. Financial regulation as interagency competition? The saga of venture capital rule-making in China
Sirui Han and Chao Xi
26. Is a bird in the hand worth two in the bush? Reflections on equity crowdfunding regulation in Taiwan
Chang-hsien Tsai
27. Sandboxes and bridges – the impact of Fintech on regulatory convergence and coordination in Asia
Lev Bromberg, Andrew Godwin and Ian Ramsay
Index